Proposed Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560 and Forest Service Handbook 1509.13, Chapter 10, 44019-44023 [2015-17911]
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44019
Notices
Federal Register
Vol. 80, No. 142
Friday, July 24, 2015
This section of the FEDERAL REGISTER
contains documents other than rules or
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DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Notice of Intent To Request an
Extension and Revision of a Currently
Approved Information Collection
Agricultural Research Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act and Office of
Management and Budget (OMB)
regulations, this notice announces the
Agricultural Research Service’s (ARS)
intention to seek approval to collect
information in support of research and
related activities.
DATES: Comments on this notice must be
received on or before September 22,
2015 to be assured of consideration.
ADDRESSES: Address all comments
concerning this notice to Jill Lake, ARS
Webmaster, 5601 Sunnyside Avenue,
Beltsville, Maryland 20705.
FOR FURTHER INFORMATION CONTACT:
Contact Jill Lake, ARS Webmaster, (301)
504–5683.
SUPPLEMENTARY INFORMATION:
Title: Web Forms for Research Data,
Models, Materials, and Publications as
well as Study and Event Registration.
Type of Request: Extension and
Revision of a Currently Approved
Information Collection.
OMB Number: 0518–0032.
Expiration Date: December 31, 2015.
Abstract: Sections 1703 and 1705 of
the Government Paperwork Elimination
Act (GPEA), Public Law 105–277, Title
XVII, require agencies, by October 21,
2003, to provide for the option of
electronic submission of information by
the public. To advance GPEA goals,
online forms are needed to allow the
public to request from ARS research
data, models, materials, and
publications as well as registration for
scientific studies and events. For the
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SUMMARY:
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convenience of the public, the forms
itemize the information we need to
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from forms will only be used by the
Agency for the purposes identified.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 3 minutes per
response (range: 1–5 minutes).
Respondents: Agricultural
researchers, students and teachers,
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organizations, community groups, other
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Estimated Number Respondents:
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in the previous Approved Information
Collection due to less actual annual
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All responses to this notice will be
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Dated: July 14, 2015.
Chavonda Jacobs-Young,
Administrator, ARS.
[FR Doc. 2015–18180 Filed 7–23–15; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD15
Proposed Directives on American
Indian and Alaska Native Relations
Forest Service Manual 1500, Chapter
1560 and Forest Service Handbook
1509.13, Chapter 10
Forest Service, USDA.
Notice of Proposed Directives;
request for comment.
AGENCY:
ACTION:
The Forest Service proposes
to revise its internal Agency directives
for American Indian and Alaska Native
Relations to establish better direction for
the Agency to work effectively with
Indian tribes. Specifically, the proposed
directives modify Forest Service staff
roles and responsibilities, establish staff
training standards, describe authorities
for working with Indian tribes, delineate
consultation procedures, explain the
historical trust and treaty responsibility
underlying the government-togovernment relationship, and outline
Dispute Resolution options within the
Forest Service. The proposed directives
cross reference to other Forest Service
directives, including those detailing
aspects of Business Operations, National
Forest System Management, State and
Private Forestry, and Research and
Development. The proposed directives
were reorganized and revised to be
consistent with the 2013 U.S.
Department of Agriculture (USDA)
Departmental Regulation No. 1350–002
‘‘Tribal Consultation, Coordination, and
Collaboration’’; Report to the Secretary,
USDA Policy and Procedures Review
and Recommendations: Indian Sacred
Sites (2012), legislation (including the
Culture and Heritage Cooperation
Authority provisions of the Food,
Conservation, and Energy Act of 2008
[Public Law 110–246; the Farm Bill]),
and input from Forest Service Field
staff. The directives were last revised in
2004, with an Interim Directive issued
in 2012. These proposed directives have
tribal implications as defined by
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments.’’ The 120-day
consultation with Tribes was conducted
from June 6, 2013, to November 27,
2013, consistent with the Executive
Order and the current Forest Service
directives. Tribal consultation
SUMMARY:
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continued after October 6, 2013, and
will end at the same time as the public
comment period. All comments
received so far have been supportive of
the revised directives. Tribal
consultation and public comment are
invited and will be considered by the
Agency in determining the scope of the
final directives.
DATES: Comments must be received in
writing by September 22, 2015.
ADDRESSES: Send comments
electronically by following the
instructions at the Federal eRulemaking
portal at https://www.regulations.gov.
Comments also may be submitted by
email to otr@fs.fed.us or by mail to
Tribal Relations Directives Comments,
USDA Forest Service, Attn: Fred Clark—
OTR, 201 14th Street SW., Washington,
DC 20024. Hand-delivered comments
will not be accepted, and receipt of
comments cannot be confirmed. If
comments are sent electronically, do not
send duplicate comments by mail.
Please confine comments to issues
pertinent to the proposed directives.
Explain the reasons for any
recommended changes. Where possible,
refer to the specific wording being
addressed. All comments, including
names and addresses when provided,
will be placed in the record and will be
available for public inspection and
copying. The public may inspect the
comments received at 201 14th Street
SW., Washington, DC between 8:30 a.m.
and 4:30 p.m., Eastern Standard Time,
Monday through Friday. Those wishing
to inspect comments are encouraged to
call ahead at 202–205–1514 to facilitate
entry to the building.
FOR FURTHER INFORMATION CONTACT: Fred
Clark, Director of the Office of Tribal
Relations, 202–205–1514. Individuals
who use telecommunication devices for
the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339 between 8:00 a.m. and
8:00 p.m., Eastern Standard Time,
Monday through Friday.
Additional information concerning
these documents may be obtained on
the Internet at https://www.fs.fed.us/spf/
tribalrelations/
bundledconsultation.shtml.
SUPPLEMENTARY INFORMATION:
Background and Need for the Proposed
Directives
The Forest Service and federally
recognized American Indian and Alaska
Native tribes (Indian tribes) share the
value of restoring, sustaining, and
enhancing the nation’s forests and
grasslands, providing and sustaining
benefits to the American people. In
many instances, Indian tribes continue
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their traditional uses of the nation’s
forests and grasslands to sustain their
cultural identity and continuity. The
Government’s trust responsibilities and
treaty obligations make it essential that
the Forest Service engages with Indian
tribes in a timely and meaningful
consultation on policies that may affect
one or more Indian tribes. However,
consultation alone is not sufficient. In
addition to consultation, coordination
and collaboration together lead to
information exchange, common
understanding, informed decisionmaking, and mutual benefit. The
importance of consultation and
coordination with Indian tribes was
affirmed through Presidential
Memoranda in 1994, 2004, and 2009, in
Executive Orders in 1998 and 2000, as
well as in numerous statutes and
policies. The value of collaboration is
fully recognized within the Forest
Service for all of its constituents,
including Indian tribes. The proposed
directives would implement a tribal
relations framework that fosters more
effective and efficient consultation with
Indian tribes and Alaska Native
Corporations, and better collaboration
with individual American Indians and
Alaska Natives, across the Agency.
Every part of the Forest Service
involves Tribal relations; every Forest
Service employee shares in that
responsibility. The proposed directives
will help Forest Service employees
improve their understanding of the
requirements, complexities, and
opportunities of Tribal relations. The
purpose in revising the directives is to
affect changes in behavior that will lead
to enhanced relationships with Indian
tribes, which in turn will enable the
Forest Service to better accomplish its
mission. The proposed directives will,
therefore, result in more effective and
efficient protection of tribal rights and
interests, as well as better information
for the Agency in its planning, decision
making, and program delivery.
Finally, the proposed directives will
ensure the Forest Service is in
compliance with and is held
accountable to several recently enacted
authorities, policies, and agreements.
Authorities such as the Tribal Forest
Protection Act of 2004 (Public Law 108–
278) and the Food, Conservation, and
Energy Act of 2008 (Pub. L. 110–246;
the Farm Bill) include provisions that
will be incorporated into the directives.
In addition, the USDA promulgated a
new regulation (DR1350–002, January
18, 2013) on Tribal Consultation,
Coordination, and Collaboration, with
which the Forest Service must comply.
The Secretary has also directed the
USDA to implement the
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recommendations from the 2012 Report
to the Secretary, USDA Policy and
Procedures Review and
Recommendations: Indian Sacred Sites.
The recommendations require updates
to the Forest Service directives. Finally,
the Departments of Defense, Interior,
Agriculture, and Energy, and the
Advisory Council on Historic
Preservation entered into a
Memorandum of Understanding (MOU)
on December 6, 2012, to improve the
protection of and tribal access to Indian
sacred sites through enhanced and
improved interdepartmental
coordination and collaboration.
Elements of the Action Plan
implementing that MOU which pertain
to the Forest Service will be reflected in
the revised directives.
Summary of Proposed Changes
Under the proposed directives:
• Forest Service staff roles and
responsibilities would be modified to
emphasize working with Indian tribes.
Delegation of the authority to serve as a
Consultation Official passes through
Line Officers, and the Forest Service
Chief would be able to delegate
consultation authority to non-line staff
on a case-by-case basis as ‘‘Chief’s
representatives’’.
• The requirement for a minimum
120-day tribal consultation period for
national consultations from the Interim
Directive on Tribal Consultation would
continue.
• Guidance would be provided on
who in the Forest Service may consult,
processes, steps, and monitoring and
evaluation measures to increase
accountability.
• Authorities would be provided
regarding State and Private Forestry,
National Forest System, Research, and
Business Operations opportunities to
enable Forest Service staff to partner
and contract with Indian tribes for
mutual interest and/or benefit.
• Tribal history and sovereignty and
the Forest Service treaty and trust
responsibilities would be clarified.
• Training goals and core
competencies would be established
based on the 2013 USDA Departmental
Regulation on Consultation training and
the Sacred Sites Report to guide future
training.
• Key definitions would be provided
for applying the Tribal Relations
directives and fulfilling the Federal trust
and treaty resposibility to Indian tribes.
• A Dispute Resolution option for
Indian tribes would be explained.
• New sections on closures, forest
products, and confidentiality would be
added in accordance with the Cultural
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Heritage Cooperation Act (25 U.S.C.
3054–3056).
• A new section including policy on
reburial of tribal remains on National
Forest System lands would provide
guidance.
• Cross-referencing to other Forest
Service directives for topic-specific
guidance would be added to faciliate
use of the directives.
Section-by-Section Analysis
1. Forest Service Manual 1560
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1563—Tribal Relations
This proposed section outlines the
Forest Service Tribal Relations policy
generally. First, it defines Indian tribes
per 25 U.S.C. 479a. It also emphasizes
that Tribal Relations should go beyond
consultation to include coordination
and collaboration, recognizing the value
of collaboration. The section encourages
engagement with Alaska Native
Corporations, non-federally recognized
Tribes, Native Hawaiians, along with
American Indian and Alaska Native
individuals, communities, intertribal
organizations, enterprises, and
institutions.
1563.01—Authorities
This proposed section emphasizes
developing capacity of Agency
personnel in fostering effective
partnerships and protecting tribal rights,
and seeking opportunities to enter into
contracts, grants, and agreements.
Furthermore, it encourages tribal
participation in contracting and
agreements as part of the Agency’s trust
responsibility.
The proposed subsection on the U.S.
constitution was revised to reflect the
correct Articles corresponding to Indian
tribes.
The proposed subsection on treaty
rights and the Federal trust
responsibility was expanded to include
specific citation of all relevant
authorities.
The proposed subsection on
consultation and coordination listed
additional authorities, including for
cooperative land use planning on
National Forest System lands. The
subsection mandates consultation with
Alaska Native Corporations under PL
108–199 and PL 108–177. It also
emphasizes consultation with Alaska
Native Corporations under EO 13175,
the Federal Subsistence Board’s Tribal
Consultation Policy, and the Draft
Alaska Native Claims Settlement Act
Consultation Policy.
The proposed subsection on cultural
resources was expanded to specifically
include consideration of Indian sacred
sites per the 2012 Report to the
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Secretary, USDA Policy and Procedures
Review and Recommendations: Indian
Sacred Sites. It also identifies the Forest
Service Heritage Program as lead staff
for cultural resources, and the Tribal
Relations Program as lead staff for
sacred sites, while recognizing overlap
between the two categories. It also
recognizes that actions protective of
cultural resources, watersheds, animal
or biological communities, and other
natural resources that also protect an
American Indian or Alaska Native
sacred site may serve a secular purpose,
as well as accommodate Tribal religion.
Proposed subsections on National
Forest System authorities were added,
including one on the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a)
and the Cultural and Heritage
Cooperation Authority (25 U.S.C. 32A).
The proposed subsection on Business
Operations, Grants, and Agreements,
Contracts, and Procurement with Indian
tribes was significantly enhanced to
include partnering authorities from the
Forest Service Deputy Areas including
the National Forest System, State and
Private Forestry, and Research and
Development. For example, it lists
additional authorities for research
support, emphasizing opportunities for
Joint Venture Agreements with any
entity or individual. In addition,
numerous additional authorities for
support under State and Private Forestry
programs were listed, including forest
health, fire assistance, and law
enforcement.
A proposed subsection on the
coordination of law enforcement with
authorities for self-determination and
self-governance was added.
The proposed subsection for
supporting Tribal Colleges and
Universities was enhanced and added to
as well.
1563.02—Objectives
This proposed section significantly
expands the objectives of the Forest
Service in meeting its trust
responsibility. It also adds support for
the UN Declaration on the Rights of
Indigenous Peoples.
1563.03—Policy
This proposed section expands Forest
Service policy to consult with Indian
tribes in a meaningful way, adding
emphasis on tribal sovereignty. It also
increases employee accountability
through detailed reporting processes,
up-front statements of potential impact
on agency activities and proposed
policies on Indian tribes (in ‘‘Tribal
Summary Impact Statements’’), and
certifications of compliance. The section
recommends the use of negotiated
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rulemaking, mandates Departmental
training in tribal relations for all Forest
Service staff, and emphasizes the
importance of keeping tribal culturallysensitive and proprietary information
confidential, especially regarding
repatriation and reburial.
1563.04—Responsibility
Proposed section 1563.04a expands
reserved authority of the Forest Service
Chief to delegate consultation authority.
Proposed section 1563.04b expands
responsibilities of all Deputy Chiefs to
implement the Tribal Relations
Program.
Proposed section 1563.04c expands
responsibilities and authorities of the
Director of the Washington Office of
Tribal Relations.
Proposed section 1563.04d expands
responsibilities of the Regional Tribal
Relations Program Managers to include
staff training at the regional and local
level, annual reporting, and periodic
compliance review.
Proposed section 1563.04j expands
responsibilities of Forest/Grasslands
Supervisors in fulfilling the trust
responsibility mandate and consultation
reporting.
Proposed section 1563.04k expands
responsibilities of District Rangers in
fulfilling the trust responsibility and
consultation mandate.
Proposed section 1563.04j is new,
expanding responsibilities of Forest/
Grasslands Tribal Liaisons in fulfilling
the trust responsibility and consultation
mandate, including accountability
(maintenance of consultation data).
Proposed section 1563.04m is new,
expanding responsibilities of Research
and Development Tribal Liaisons in
fulfilling the trust responsibility and
consultation mandate related to research
programs and activities, tribal data
requests, traditional knowledge, and
reporting.
The final proposed section 1563.04n
is new, expanding responsibilities of
State and Private Forestry Tribal
Liaisons in fulfilling the trust
responsibility and consultation mandate
related to research programs and
activities, tribal data requests,
traditional knowledge, and reporting.
1563.05—Definitions
This proposed section includes
definitions of terms used in the
proposed directive. Several of the
material definitions follow.
Indian Tribe is defined as any Indian
or Alaska Native tribe, band, nation,
pueblo, village, or other community, the
name of which is included on a list
published by the Secretary of the
Interior pursuant to section 104 of the
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1563.12—Consultation, Monitoring, and
Evaluation—Consulting Officials
1563.10—Consultation With Indian
Tribes and Alaska Native Corporations
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Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a-1).
Alaska Native Corporations are
described as follows: created under the
Alaska Native Claims Settlement Act,
these corporations manage lands and
resources for Alaska Natives. While not
federally-recognized Indian tribes,
consultation is required with these
organizations in some instances as if
they were Indian tribes pursuant to
Public Law (Pub. L.) 108–199 and 108–
477 directing all Federal agencies to
consult with Alaska Native Corporations
on the same basis as Indian tribes under
E.O. 13175. This type of consultation is
considered government-to-corporation,
rather than government-to-government.
Trust responsibility is explained as
arising from the United States’ unique
legal and political relationship with
Indian tribes. It derives from the Federal
Government’s consistent promise, in the
treaties that it signed, to protect the
safety and well-being of the Indian
tribes and tribal members in return for
their willingness to give up their lands.
Government-to-Government
Consultation, or ‘‘Tribal Consultation,’’
is the timely, meaningful, and
substantive dialogue between Forest
Service Officials who have delegated
authority to consult, and the official
leadership of federally recognized
Indian tribes, or their designated
representative(s), pertaining to decisions
or actions that may have tribal
implications.
As defined per Executive Order
13007, a sacred site is any specific,
discrete, narrowly delineated location
on Federal land that is identified by an
Indian tribe, or Indian individual
determined to be an appropriately
authoritative representative of an Indian
religion, as sacred by virtue of its
established religious significance to, or
ceremonial use by, an Indian religion;
provided that the tribe or appropriately
authoritative representative of an Indian
religion has informed the Agency of the
existence of such a site.
This proposed section simplifies steps
in the consultation process generally,
with details outlined in the following
sections.
This proposed new section covers
prohibition against disclosure per 25
U.S.C. 32A § 3056.
1563.7—Information and Technology
Sharing
1563.11—General Consultation
Requirements
This proposed section clarifies
protocols for meaningful consultation. It
also expands and amends the table of
authorities for consultation and
coordination.
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This proposed section substantially
clarifies formal roles and
responsibilities in consultation while
emphasizing the value of informal staff
communication in effective tribal
relations.
recommends that the Forest Service
seek to identify traditional knowledge
that tribal citizens hold regarding
ecosystems that may be helpful in
meeting management objectives of both
the Forest Service and Tribes.
1563.8—References
This proposed section addresses
additional issues such as where to find
additional guidance, compensation, and
emergency situations.
This proposed new section contains
further explanatory information
regarding authorities identified in
section 1563.01—Authorities. Overall, it
elaborates on treaty rights and the trust
responsibility; cooperative land
management and planning with Indian
tribes; subsistence rights; tribal cultural
resources and sacred sites within the
National Forest System, including
reburial; the Tribal Forest Protection
Act; the Cultural and Heritage
Cooperation Authority; grants,
agreements, and contracts with Tribes
across all Deputy areas; coordination of
law enforcement with Tribes; and
support of and engagement with Tribal
Colleges and Universities.
1563.2—Dispute Resolution
2. Forest Service Handbook 1509.13
This proposed section expands on
dispute resolution and appeal
procedures for Indian tribes.
10.01—Authorities
1563.13—Consultation Timelines
This proposed section substantially
clarifies timelines for meaningful
consultation.
1563.14—Consultation, Monitoring, and
Evaluation
This proposed section mandates
accountability through use and
management of a consultation database.
1563.15—Additional Consultation
Considerations
1563.3—Reburial of American Indian
and Alaska Native Ancestral Remains
and Cultural Items
This proposed section expands
guidance on repatriation and reburials,
including general considerations as well
as reviews.
1563.4—Closures for Traditional and
Cultural Purposes
This proposed new section covers
closures for temporary and cultural
purposes per 25 U.S.C. 32A § 3054.
1563.5—Forest Products for Traditional
and Cultural Purposes
This proposed new section covers
forest products for traditional and
cultural purposes per 25 U.S.C. 32A
§ 3055.
1563.6—Prohibition on Disclosure
This proposed new section
emphasizes that the maintenance of
traditional gathering, hunting, fishing,
and other activities; and use of certain
landscapes, sites, and locations that
contain important natural and cultural
resources should be considered in
Forest Service land management
planning and research activities. It also
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This proposed section refers the
reader to FSM 1563 for relevant laws,
Executive Orders, and regulations that
govern Federal agencies’ relationship
with Indian tribes.
11—Consultation With Tribes
This section expands on consultation
roles and responsibilities, timelines, and
processes while also encouraging
collaboration prior to or concurrent with
formal consultation.
Proposed section 11.1 mandates
consultation with Alaska Native
Corporations in Alaska and clarifies
consultation representatives.
Proposed section 11.2 clarifies
consultation timelines, including the
fact that tribal consultation for National
policies includes a minimum of 120
days.
Proposed section 11.3 substantially
expands and clarifies consultation
process (type, modes, leveraging
meetings) and steps for establishing
consultation protocol and procedure
with Indian tribes.
Proposed section 11.5 outlines
monitoring and evaluation of
consultation, adding responsibilities for
reporting to include maintenance of a
consultation database, outcomes
reporting, and compliance monitoring.
It further requires that consultation
input and outcomes be addressed in
resulting policy, plan, project, or action.
Finally, it adds additional
responsibilities for monitoring and
evaluation to include sustainability of
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cultural resources and sacred sites,
successes and additional opportunities
for partnerships, socio-economic
impacts, and customer (tribal)
satisfaction.
12—Compensation
This proposed section adds additional
funding authorities for compensation for
consultation, historic preservation.
13—Training
This proposed section encourages
mandated training, including alignment
with recommendations in the 2012
Report to the Secretary, USDA Policy
and Procedures
Review and Recommendations: Indian
Sacred Sites
13.3—Core Competencies
This proposed section establishes core
competencies in Tribal relations.
14—Exhibits
This proposed section provide copies
of additional authorities for
management of Indian sacred sites.
Regulatory Certifications
Environmental Impact
These proposed directives would
establish direction for Forest Service
staff in working with Indian tribes and
American Indian and Alaska Native
individuals. Section 31.1b of Forest
Service Handbook 1909.15 (57 FR
43180, September 18, 1992) excludes
from documentation in an
environmental assessment or
environmental impact statement rules,
regulations, or policies to establish
service-wide administrative procedures,
program processes, or instructions. The
Agency’s assessment for these proposed
directives falls within this category of
actions and that no extraordinary
circumstances exist which would
require preparation of an environmental
assessment or environmental impact
statement.
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Regulatory Impact
These proposed directives have been
reviewed under USDA procedures and
Executive Order 12866, Regulatory
Planning and Review. It has been
determined that this is not a significant
action. These proposed directives will
not have an annual effect of $100
million or more on the economy nor
adversely affect productivity,
competition, jobs, the environment,
public health or safety, nor State or local
governments. These proposed directives
would not interfere with an action taken
or planned by another agency nor raise
new legal or policy issues. Finally, these
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proposed directives would not alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients of
such programs.
Moreover, these proposed directives
have been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), and it has been determined that
these proposed directives would not
have a significant economic impact on
a substantial number of small entities as
defined by the act because they will not
impose recordkeeping requirements on
them; it would not affect their
competitive position in relation to large
entities; and it would not affect their
cash flow, liquidity, or ability to remain
in the market.
Federalism and Consultation and
Coordination With Indian Tribal
Governments
The Agency has considered these
proposed directives under the
requirements of Executive Order 13132,
Federalism, and has made an
assessment that these proposed
directives conform with the federalism
principles set out in this Executive
Order; would not impose any
compliance costs on the States; and
would not have substantial direct effects
on the States or the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the Agency has determined that no
further assessment of federalism
implications is necessary at this time.
These proposed directives have tribal
implications as defined by Executive
Order 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ and the 120-day
consultation with Indian tribes and
Alaska Native Corporations was
conducted from June 6, 2013 to October
6, 2013, as required.
No Takings Implications
These proposed directives have been
analyzed in accordance with the
principles and criteria contained in
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights, and it has been determined that
these proposed directives do not pose
the risk of a taking of Constitutionally
protected private property.
Civil Justice Reform
These proposed directives have been
reviewed under Executive Order 12988,
Civil Justice Reform. If these proposed
directives were adopted, (1) all State
and local laws and regulations that are
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
44023
in conflict with these proposed
directives or which would impede its
full implementation would be
preempted; (2) no retroactive effect
would be given to these proposed
directives; and (3) it would not require
administrative proceedings before
parties may file suit in court challenging
its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the Agency
has assessed the effects of these
proposed directives on State, local, and
Indian tribal governments and the
private sector. These proposed
directives would not compel the
expenditure of $100 million or more by
any State, local, or Indian tribal
government or anyone in the private
sector. Therefore, a statement under
section 202 of the act is not required.
Energy Effects
These proposed directives have been
reviewed under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined that these proposed
directives do not constitute a significant
energy action as defined in the
Executive Order.
Controlling Paperwork Burdens on the
Public
These proposed directives do not
contain any additional recordkeeping or
reporting requirements or other
information collection requirements as
defined in 5 CFR part 1320 that are not
already required by law or not already
approved for use. Accordingly, the
review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and its implementing
regulations at 5 CFR part 1320 do not
apply.
Dated: July 6, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2015–17911 Filed 7–23–15; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
Newspapers of Record for the Pacific
Southwest Region: California
AGENCY:
ACTION:
E:\FR\FM\24JYN1.SGM
Forest Service, USDA.
Notice.
24JYN1
]]>Agencies
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44019-44023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17911]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD15
Proposed Directives on American Indian and Alaska Native
Relations Forest Service Manual 1500, Chapter 1560 and Forest Service
Handbook 1509.13, Chapter 10
AGENCY: Forest Service, USDA.
ACTION: Notice of Proposed Directives; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service proposes to revise its internal Agency
directives for American Indian and Alaska Native Relations to establish
better direction for the Agency to work effectively with Indian tribes.
Specifically, the proposed directives modify Forest Service staff roles
and responsibilities, establish staff training standards, describe
authorities for working with Indian tribes, delineate consultation
procedures, explain the historical trust and treaty responsibility
underlying the government-to-government relationship, and outline
Dispute Resolution options within the Forest Service. The proposed
directives cross reference to other Forest Service directives,
including those detailing aspects of Business Operations, National
Forest System Management, State and Private Forestry, and Research and
Development. The proposed directives were reorganized and revised to be
consistent with the 2013 U.S. Department of Agriculture (USDA)
Departmental Regulation No. 1350-002 ``Tribal Consultation,
Coordination, and Collaboration''; Report to the Secretary, USDA Policy
and Procedures Review and Recommendations: Indian Sacred Sites (2012),
legislation (including the Culture and Heritage Cooperation Authority
provisions of the Food, Conservation, and Energy Act of 2008 [Public
Law 110-246; the Farm Bill]), and input from Forest Service Field
staff. The directives were last revised in 2004, with an Interim
Directive issued in 2012. These proposed directives have tribal
implications as defined by Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments.'' The 120-day consultation
with Tribes was conducted from June 6, 2013, to November 27, 2013,
consistent with the Executive Order and the current Forest Service
directives. Tribal consultation
[[Page 44020]]
continued after October 6, 2013, and will end at the same time as the
public comment period. All comments received so far have been
supportive of the revised directives. Tribal consultation and public
comment are invited and will be considered by the Agency in determining
the scope of the final directives.
DATES: Comments must be received in writing by September 22, 2015.
ADDRESSES: Send comments electronically by following the instructions
at the Federal eRulemaking portal at https://www.regulations.gov.
Comments also may be submitted by email to otr@fs.fed.us or by mail to
Tribal Relations Directives Comments, USDA Forest Service, Attn: Fred
Clark--OTR, 201 14th Street SW., Washington, DC 20024. Hand-delivered
comments will not be accepted, and receipt of comments cannot be
confirmed. If comments are sent electronically, do not send duplicate
comments by mail. Please confine comments to issues pertinent to the
proposed directives. Explain the reasons for any recommended changes.
Where possible, refer to the specific wording being addressed. All
comments, including names and addresses when provided, will be placed
in the record and will be available for public inspection and copying.
The public may inspect the comments received at 201 14th Street SW.,
Washington, DC between 8:30 a.m. and 4:30 p.m., Eastern Standard Time,
Monday through Friday. Those wishing to inspect comments are encouraged
to call ahead at 202-205-1514 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Fred Clark, Director of the Office of
Tribal Relations, 202-205-1514. Individuals who use telecommunication
devices for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday through Friday.
Additional information concerning these documents may be obtained
on the Internet at https://www.fs.fed.us/spf/tribalrelations/bundledconsultation.shtml.
SUPPLEMENTARY INFORMATION:
Background and Need for the Proposed Directives
The Forest Service and federally recognized American Indian and
Alaska Native tribes (Indian tribes) share the value of restoring,
sustaining, and enhancing the nation's forests and grasslands,
providing and sustaining benefits to the American people. In many
instances, Indian tribes continue their traditional uses of the
nation's forests and grasslands to sustain their cultural identity and
continuity. The Government's trust responsibilities and treaty
obligations make it essential that the Forest Service engages with
Indian tribes in a timely and meaningful consultation on policies that
may affect one or more Indian tribes. However, consultation alone is
not sufficient. In addition to consultation, coordination and
collaboration together lead to information exchange, common
understanding, informed decision-making, and mutual benefit. The
importance of consultation and coordination with Indian tribes was
affirmed through Presidential Memoranda in 1994, 2004, and 2009, in
Executive Orders in 1998 and 2000, as well as in numerous statutes and
policies. The value of collaboration is fully recognized within the
Forest Service for all of its constituents, including Indian tribes.
The proposed directives would implement a tribal relations framework
that fosters more effective and efficient consultation with Indian
tribes and Alaska Native Corporations, and better collaboration with
individual American Indians and Alaska Natives, across the Agency.
Every part of the Forest Service involves Tribal relations; every
Forest Service employee shares in that responsibility. The proposed
directives will help Forest Service employees improve their
understanding of the requirements, complexities, and opportunities of
Tribal relations. The purpose in revising the directives is to affect
changes in behavior that will lead to enhanced relationships with
Indian tribes, which in turn will enable the Forest Service to better
accomplish its mission. The proposed directives will, therefore, result
in more effective and efficient protection of tribal rights and
interests, as well as better information for the Agency in its
planning, decision making, and program delivery.
Finally, the proposed directives will ensure the Forest Service is
in compliance with and is held accountable to several recently enacted
authorities, policies, and agreements. Authorities such as the Tribal
Forest Protection Act of 2004 (Public Law 108-278) and the Food,
Conservation, and Energy Act of 2008 (Pub. L. 110-246; the Farm Bill)
include provisions that will be incorporated into the directives. In
addition, the USDA promulgated a new regulation (DR1350-002, January
18, 2013) on Tribal Consultation, Coordination, and Collaboration, with
which the Forest Service must comply. The Secretary has also directed
the USDA to implement the recommendations from the 2012 Report to the
Secretary, USDA Policy and Procedures Review and Recommendations:
Indian Sacred Sites. The recommendations require updates to the Forest
Service directives. Finally, the Departments of Defense, Interior,
Agriculture, and Energy, and the Advisory Council on Historic
Preservation entered into a Memorandum of Understanding (MOU) on
December 6, 2012, to improve the protection of and tribal access to
Indian sacred sites through enhanced and improved interdepartmental
coordination and collaboration. Elements of the Action Plan
implementing that MOU which pertain to the Forest Service will be
reflected in the revised directives.
Summary of Proposed Changes
Under the proposed directives:
Forest Service staff roles and responsibilities would be
modified to emphasize working with Indian tribes. Delegation of the
authority to serve as a Consultation Official passes through Line
Officers, and the Forest Service Chief would be able to delegate
consultation authority to non-line staff on a case-by-case basis as
``Chief's representatives''.
The requirement for a minimum 120-day tribal consultation
period for national consultations from the Interim Directive on Tribal
Consultation would continue.
Guidance would be provided on who in the Forest Service
may consult, processes, steps, and monitoring and evaluation measures
to increase accountability.
Authorities would be provided regarding State and Private
Forestry, National Forest System, Research, and Business Operations
opportunities to enable Forest Service staff to partner and contract
with Indian tribes for mutual interest and/or benefit.
Tribal history and sovereignty and the Forest Service
treaty and trust responsibilities would be clarified.
Training goals and core competencies would be established
based on the 2013 USDA Departmental Regulation on Consultation training
and the Sacred Sites Report to guide future training.
Key definitions would be provided for applying the Tribal
Relations directives and fulfilling the Federal trust and treaty
resposibility to Indian tribes.
A Dispute Resolution option for Indian tribes would be
explained.
New sections on closures, forest products, and
confidentiality would be added in accordance with the Cultural
[[Page 44021]]
Heritage Cooperation Act (25 U.S.C. 3054-3056).
A new section including policy on reburial of tribal
remains on National Forest System lands would provide guidance.
Cross-referencing to other Forest Service directives for
topic-specific guidance would be added to faciliate use of the
directives.
Section-by-Section Analysis
1. Forest Service Manual 1560
1563--Tribal Relations
This proposed section outlines the Forest Service Tribal Relations
policy generally. First, it defines Indian tribes per 25 U.S.C. 479a.
It also emphasizes that Tribal Relations should go beyond consultation
to include coordination and collaboration, recognizing the value of
collaboration. The section encourages engagement with Alaska Native
Corporations, non-federally recognized Tribes, Native Hawaiians, along
with American Indian and Alaska Native individuals, communities,
intertribal organizations, enterprises, and institutions.
1563.01--Authorities
This proposed section emphasizes developing capacity of Agency
personnel in fostering effective partnerships and protecting tribal
rights, and seeking opportunities to enter into contracts, grants, and
agreements. Furthermore, it encourages tribal participation in
contracting and agreements as part of the Agency's trust
responsibility.
The proposed subsection on the U.S. constitution was revised to
reflect the correct Articles corresponding to Indian tribes.
The proposed subsection on treaty rights and the Federal trust
responsibility was expanded to include specific citation of all
relevant authorities.
The proposed subsection on consultation and coordination listed
additional authorities, including for cooperative land use planning on
National Forest System lands. The subsection mandates consultation with
Alaska Native Corporations under PL 108-199 and PL 108-177. It also
emphasizes consultation with Alaska Native Corporations under EO 13175,
the Federal Subsistence Board's Tribal Consultation Policy, and the
Draft Alaska Native Claims Settlement Act Consultation Policy.
The proposed subsection on cultural resources was expanded to
specifically include consideration of Indian sacred sites per the 2012
Report to the Secretary, USDA Policy and Procedures Review and
Recommendations: Indian Sacred Sites. It also identifies the Forest
Service Heritage Program as lead staff for cultural resources, and the
Tribal Relations Program as lead staff for sacred sites, while
recognizing overlap between the two categories. It also recognizes that
actions protective of cultural resources, watersheds, animal or
biological communities, and other natural resources that also protect
an American Indian or Alaska Native sacred site may serve a secular
purpose, as well as accommodate Tribal religion.
Proposed subsections on National Forest System authorities were
added, including one on the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a) and the Cultural and Heritage Cooperation Authority (25
U.S.C. 32A).
The proposed subsection on Business Operations, Grants, and
Agreements, Contracts, and Procurement with Indian tribes was
significantly enhanced to include partnering authorities from the
Forest Service Deputy Areas including the National Forest System, State
and Private Forestry, and Research and Development. For example, it
lists additional authorities for research support, emphasizing
opportunities for Joint Venture Agreements with any entity or
individual. In addition, numerous additional authorities for support
under State and Private Forestry programs were listed, including forest
health, fire assistance, and law enforcement.
A proposed subsection on the coordination of law enforcement with
authorities for self-determination and self-governance was added.
The proposed subsection for supporting Tribal Colleges and
Universities was enhanced and added to as well.
1563.02--Objectives
This proposed section significantly expands the objectives of the
Forest Service in meeting its trust responsibility. It also adds
support for the UN Declaration on the Rights of Indigenous Peoples.
1563.03--Policy
This proposed section expands Forest Service policy to consult with
Indian tribes in a meaningful way, adding emphasis on tribal
sovereignty. It also increases employee accountability through detailed
reporting processes, up-front statements of potential impact on agency
activities and proposed policies on Indian tribes (in ``Tribal Summary
Impact Statements''), and certifications of compliance. The section
recommends the use of negotiated rulemaking, mandates Departmental
training in tribal relations for all Forest Service staff, and
emphasizes the importance of keeping tribal culturally-sensitive and
proprietary information confidential, especially regarding repatriation
and reburial.
1563.04--Responsibility
Proposed section 1563.04a expands reserved authority of the Forest
Service Chief to delegate consultation authority.
Proposed section 1563.04b expands responsibilities of all Deputy
Chiefs to implement the Tribal Relations Program.
Proposed section 1563.04c expands responsibilities and authorities
of the Director of the Washington Office of Tribal Relations.
Proposed section 1563.04d expands responsibilities of the Regional
Tribal Relations Program Managers to include staff training at the
regional and local level, annual reporting, and periodic compliance
review.
Proposed section 1563.04j expands responsibilities of Forest/
Grasslands Supervisors in fulfilling the trust responsibility mandate
and consultation reporting.
Proposed section 1563.04k expands responsibilities of District
Rangers in fulfilling the trust responsibility and consultation
mandate.
Proposed section 1563.04j is new, expanding responsibilities of
Forest/Grasslands Tribal Liaisons in fulfilling the trust
responsibility and consultation mandate, including accountability
(maintenance of consultation data).
Proposed section 1563.04m is new, expanding responsibilities of
Research and Development Tribal Liaisons in fulfilling the trust
responsibility and consultation mandate related to research programs
and activities, tribal data requests, traditional knowledge, and
reporting.
The final proposed section 1563.04n is new, expanding
responsibilities of State and Private Forestry Tribal Liaisons in
fulfilling the trust responsibility and consultation mandate related to
research programs and activities, tribal data requests, traditional
knowledge, and reporting.
1563.05--Definitions
This proposed section includes definitions of terms used in the
proposed directive. Several of the material definitions follow.
Indian Tribe is defined as any Indian or Alaska Native tribe, band,
nation, pueblo, village, or other community, the name of which is
included on a list published by the Secretary of the Interior pursuant
to section 104 of the
[[Page 44022]]
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
Alaska Native Corporations are described as follows: created under
the Alaska Native Claims Settlement Act, these corporations manage
lands and resources for Alaska Natives. While not federally-recognized
Indian tribes, consultation is required with these organizations in
some instances as if they were Indian tribes pursuant to Public Law
(Pub. L.) 108-199 and 108-477 directing all Federal agencies to consult
with Alaska Native Corporations on the same basis as Indian tribes
under E.O. 13175. This type of consultation is considered government-
to-corporation, rather than government-to-government.
Trust responsibility is explained as arising from the United
States' unique legal and political relationship with Indian tribes. It
derives from the Federal Government's consistent promise, in the
treaties that it signed, to protect the safety and well-being of the
Indian tribes and tribal members in return for their willingness to
give up their lands.
Government-to-Government Consultation, or ``Tribal Consultation,''
is the timely, meaningful, and substantive dialogue between Forest
Service Officials who have delegated authority to consult, and the
official leadership of federally recognized Indian tribes, or their
designated representative(s), pertaining to decisions or actions that
may have tribal implications.
As defined per Executive Order 13007, a sacred site is any
specific, discrete, narrowly delineated location on Federal land that
is identified by an Indian tribe, or Indian individual determined to be
an appropriately authoritative representative of an Indian religion, as
sacred by virtue of its established religious significance to, or
ceremonial use by, an Indian religion; provided that the tribe or
appropriately authoritative representative of an Indian religion has
informed the Agency of the existence of such a site.
1563.10--Consultation With Indian Tribes and Alaska Native Corporations
This proposed section simplifies steps in the consultation process
generally, with details outlined in the following sections.
1563.11--General Consultation Requirements
This proposed section clarifies protocols for meaningful
consultation. It also expands and amends the table of authorities for
consultation and coordination.
1563.12--Consultation, Monitoring, and Evaluation--Consulting Officials
This proposed section substantially clarifies formal roles and
responsibilities in consultation while emphasizing the value of
informal staff communication in effective tribal relations.
1563.13--Consultation Timelines
This proposed section substantially clarifies timelines for
meaningful consultation.
1563.14--Consultation, Monitoring, and Evaluation
This proposed section mandates accountability through use and
management of a consultation database.
1563.15--Additional Consultation Considerations
This proposed section addresses additional issues such as where to
find additional guidance, compensation, and emergency situations.
1563.2--Dispute Resolution
This proposed section expands on dispute resolution and appeal
procedures for Indian tribes.
1563.3--Reburial of American Indian and Alaska Native Ancestral Remains
and Cultural Items
This proposed section expands guidance on repatriation and
reburials, including general considerations as well as reviews.
1563.4--Closures for Traditional and Cultural Purposes
This proposed new section covers closures for temporary and
cultural purposes per 25 U.S.C. 32A Sec. 3054.
1563.5--Forest Products for Traditional and Cultural Purposes
This proposed new section covers forest products for traditional
and cultural purposes per 25 U.S.C. 32A Sec. 3055.
1563.6--Prohibition on Disclosure
This proposed new section covers prohibition against disclosure per
25 U.S.C. 32A Sec. 3056.
1563.7--Information and Technology Sharing
This proposed new section emphasizes that the maintenance of
traditional gathering, hunting, fishing, and other activities; and use
of certain landscapes, sites, and locations that contain important
natural and cultural resources should be considered in Forest Service
land management planning and research activities. It also recommends
that the Forest Service seek to identify traditional knowledge that
tribal citizens hold regarding ecosystems that may be helpful in
meeting management objectives of both the Forest Service and Tribes.
1563.8--References
This proposed new section contains further explanatory information
regarding authorities identified in section 1563.01--Authorities.
Overall, it elaborates on treaty rights and the trust responsibility;
cooperative land management and planning with Indian tribes;
subsistence rights; tribal cultural resources and sacred sites within
the National Forest System, including reburial; the Tribal Forest
Protection Act; the Cultural and Heritage Cooperation Authority;
grants, agreements, and contracts with Tribes across all Deputy areas;
coordination of law enforcement with Tribes; and support of and
engagement with Tribal Colleges and Universities.
2. Forest Service Handbook 1509.13
10.01--Authorities
This proposed section refers the reader to FSM 1563 for relevant
laws, Executive Orders, and regulations that govern Federal agencies'
relationship with Indian tribes.
11--Consultation With Tribes
This section expands on consultation roles and responsibilities,
timelines, and processes while also encouraging collaboration prior to
or concurrent with formal consultation.
Proposed section 11.1 mandates consultation with Alaska Native
Corporations in Alaska and clarifies consultation representatives.
Proposed section 11.2 clarifies consultation timelines, including
the fact that tribal consultation for National policies includes a
minimum of 120 days.
Proposed section 11.3 substantially expands and clarifies
consultation process (type, modes, leveraging meetings) and steps for
establishing consultation protocol and procedure with Indian tribes.
Proposed section 11.5 outlines monitoring and evaluation of
consultation, adding responsibilities for reporting to include
maintenance of a consultation database, outcomes reporting, and
compliance monitoring. It further requires that consultation input and
outcomes be addressed in resulting policy, plan, project, or action.
Finally, it adds additional responsibilities for monitoring and
evaluation to include sustainability of
[[Page 44023]]
cultural resources and sacred sites, successes and additional
opportunities for partnerships, socio-economic impacts, and customer
(tribal) satisfaction.
12--Compensation
This proposed section adds additional funding authorities for
compensation for consultation, historic preservation.
13--Training
This proposed section encourages mandated training, including
alignment with recommendations in the 2012 Report to the Secretary,
USDA Policy and Procedures
Review and Recommendations: Indian Sacred Sites
13.3--Core Competencies
This proposed section establishes core competencies in Tribal
relations.
14--Exhibits
This proposed section provide copies of additional authorities for
management of Indian sacred sites.
Regulatory Certifications
Environmental Impact
These proposed directives would establish direction for Forest
Service staff in working with Indian tribes and American Indian and
Alaska Native individuals. Section 31.1b of Forest Service Handbook
1909.15 (57 FR 43180, September 18, 1992) excludes from documentation
in an environmental assessment or environmental impact statement rules,
regulations, or policies to establish service-wide administrative
procedures, program processes, or instructions. The Agency's assessment
for these proposed directives falls within this category of actions and
that no extraordinary circumstances exist which would require
preparation of an environmental assessment or environmental impact
statement.
Regulatory Impact
These proposed directives have been reviewed under USDA procedures
and Executive Order 12866, Regulatory Planning and Review. It has been
determined that this is not a significant action. These proposed
directives will not have an annual effect of $100 million or more on
the economy nor adversely affect productivity, competition, jobs, the
environment, public health or safety, nor State or local governments.
These proposed directives would not interfere with an action taken or
planned by another agency nor raise new legal or policy issues.
Finally, these proposed directives would not alter the budgetary impact
of entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients of such programs.
Moreover, these proposed directives have been considered in light
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has
been determined that these proposed directives would not have a
significant economic impact on a substantial number of small entities
as defined by the act because they will not impose recordkeeping
requirements on them; it would not affect their competitive position in
relation to large entities; and it would not affect their cash flow,
liquidity, or ability to remain in the market.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Agency has considered these proposed directives under the
requirements of Executive Order 13132, Federalism, and has made an
assessment that these proposed directives conform with the federalism
principles set out in this Executive Order; would not impose any
compliance costs on the States; and would not have substantial direct
effects on the States or the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
Agency has determined that no further assessment of federalism
implications is necessary at this time.
These proposed directives have tribal implications as defined by
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' and the 120-day consultation with Indian tribes
and Alaska Native Corporations was conducted from June 6, 2013 to
October 6, 2013, as required.
No Takings Implications
These proposed directives have been analyzed in accordance with the
principles and criteria contained in Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and it has been determined that these proposed
directives do not pose the risk of a taking of Constitutionally
protected private property.
Civil Justice Reform
These proposed directives have been reviewed under Executive Order
12988, Civil Justice Reform. If these proposed directives were adopted,
(1) all State and local laws and regulations that are in conflict with
these proposed directives or which would impede its full implementation
would be preempted; (2) no retroactive effect would be given to these
proposed directives; and (3) it would not require administrative
proceedings before parties may file suit in court challenging its
provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the Agency has assessed the effects of these proposed directives
on State, local, and Indian tribal governments and the private sector.
These proposed directives would not compel the expenditure of $100
million or more by any State, local, or Indian tribal government or
anyone in the private sector. Therefore, a statement under section 202
of the act is not required.
Energy Effects
These proposed directives have been reviewed under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. It has been determined that these
proposed directives do not constitute a significant energy action as
defined in the Executive Order.
Controlling Paperwork Burdens on the Public
These proposed directives do not contain any additional
recordkeeping or reporting requirements or other information collection
requirements as defined in 5 CFR part 1320 that are not already
required by law or not already approved for use. Accordingly, the
review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do
not apply.
Dated: July 6, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2015-17911 Filed 7-23-15; 8:45 am]
BILLING CODE 3411-15-P
